Item Q3 Q.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-re Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: Q.3
Agenda Item Summary #7305
BULK ITEM: Yes DEPARTMENT: Risk Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
No
AGENDA ITEM WORDING: Approval of a settlement offer in the tort claim of Monica Ingram
v. Monroe County, Claim 4 GC2021099912, and authority for the County Attorney to sign all
necessary documents.
ITEM BACKGROUND: On 7/15/2020, Monroe County received a tort claim concerning Ms.
Monica Ingram, who alleged that she tripped and fell over a curb maintained by the County on Eaton
Street in Key West. The date of injury was 8/8/2019. The parties have agreed to a conditional
settlement of all matters in connection with the claim in return for payment of$55,000.00 by the
County to the claimant. This settlement amount is inclusive of her attorneys' fees and costs as well
as any liability that the claimant may have for liens from any party, including her medical insurance
carrier. The settlement is conditional upon her execution of a complete and general release of all
claims and liens arising out of this matter.
Under Section 2-184 of the Monroe County Code, all settlement offers in excess of$25,000 must be
approved by the Board at a public meeting of the Board. Therefore, this settlement is offer is being
presented to the Board for approval.
A companion item is being filed for the agenda for a closed session under F.S. 768.28(16) for
evaluation of claims or an offer to compromise on this claim. Staff asks that if this agenda item to
approve the settlement is not approved in bulk, that the item be heard after the closed session.
The County Attorney's Office and Risk Management recommend approval of this settlement offer.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
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Q.3
STAFF RECOMMENDATION: Approval, however, if this item is not approved in bulk, then the
County Attorney recommends hearing this item after the closed session.
DOCUMENTATION:
Diez ltr
Ingram - Monroe County Release 1-28-21
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: Not a contract,but the total dollar value is $55,000.00.
Total Cost to County: $55,000.00
Current Year Portion: $55,000.00
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No
Additional Details:
$55,000
REVIEWED BY:
Cynthia Hall Completed 01/27/2021 8:21 PM
Bob Shillinger Completed 01/28/2021 1:25 PM
Purchasing Completed 01/28/2021 1:57 PM
Budget and Finance Completed 01/28/2021 2:01 PM
Maria Slavik Completed 01/28/2021 2:30 PM
Liz Yongue Completed 02/01/2021 3:27 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
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LAW OFFICES �.�7•Cl.
JOHNSON,ANSELMO,MURDOCH,BURKE,PIPER& HOCHMAN,P.A.
A PROFESSIONAL ASSOCIATION
DAMIAN H.ALBERT,P.A. E.BRUCE JOHNSON
SCOTT D.ALEXANDER,P.A. 2455 EAST SUNRISE BOULEVARD MELISSA L.JOHNSON
MICHAEL T.BURKE` SUITE 1000 W.HAMPTON JOHNSON IV,P.A.
SELENA A.GIBSON FORT LAUDERDALE,FL 33304 MICHAEL R.PIPER
HUDSON C.GILL,P.A. JONATHAN H.RAILEY
JEFFREY L.HOCHMAN,P.A. DAVID M.SCHWEIGER,P.A.
DUCHANT JOHNSON (954)463-0100 Broward
CHRISTOPHER J.STEARNS,P.A.
(305)945-2000 Dade RETIRED,
(561)640-7448 WPB RONALD P.ANSELMO
aO.4RDCER77FIED CIVIL Tuszz4WYERS TELECOPIER 954 BURLF.GEORGE
( )463-2444 ROBERT E.MURDOCH
January 27, 2021
Via Email rdiezct Icrupnicklaw.com
Randall A. Diez Jr., Esq.
Krupnick, Campbell, et al 0
12 SE 7th Street, Suite 801 0
Fort Lauderdale, Fl 33301
Re: Claimant: Monica Ingram
Insured: Monroe County
DOI: 8/18/2019
Our file No. 1351/41004
0
Dear Mr. Diez Jr.:
This letter will confirm that claimant, Monica Ingram, has agreed to accept the total sum c
of$55,000 in full and final settlement of any and all claims she may have against Monroe County
arising from her trip and fall at or about 534 Eaton Street, Key West, Florida, on or about August E
18, 2019, and all claims asserted in Ms. Ingram's §768.38 notice letter. I will recommend to the
Monroe County Board of Commissioners that they approve the proposed settlement with Ms.
Ingram for $55,000. This settlement is also contingent upon Ms. Ingram executing the enclosed 0
Release of Claim and Indemnification Agreement. >
2
The next Monroe County Commission meeting is in late February 2021. I expect the
Commission to approve this proposed settlement and once approved I will then request the
settlement check in the sum of $55,000 which I have been advised by Risk Management should
be able to be provided to you within twenty (20) days from the date of approval. To facilitate
issuance of the settlement proceeds,please provide to me an executed IRS Form(Oct. 2018)signed
and dated in the current year (Form attached.)
E
If you have any questions or would like to discuss this matter further, please feel free to
contact me.
Yours very truly,
AIE. Bruce Johnson
E. Bruce Johnson
For the Firm
EBJ/cy
End
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Q.3.b
DocuSign Envelope ID:145D4218-9186-4E4A-8CE5-98DE602B2FC1
RELEASE OF CLAIM
AND INDEMNIFICATION AGREEMENT
r_
0
KNOW ALL MEN BY THESE PRESENTS:
2
C
0
That MONICA INGRAM hereinafter referred to as "first party", for and in consideration
of the sum of FIFTY-FIVE THOUSAND DOLLARS AND NOXENTS ($55,000) or other >
valuable consideration, received from or on behalf of the MONROE COUNTY, hereinafter
referred to as "second party",the receipt whereof is hereby acknowledged.
HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said .
second party,its agents,servants,employees,and insurers,of and from all,and all manner of action
and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, judgments,
executions, claims and demands whatsoever, in law or in equity, which said first party ever had,
now has,or which any personal representative,successor,heir or assign of said first party,hereafter c
can, shall or may have, against said second party, for, upon or by reason of any matter, cause or 0)
thing whatsoever,arising from that incident which is alleged to have occurred on or about August E
18,2019,at,in or near 534 Eaton Street,Key West,Monroe County,Florida.
I represent that all medical bills, hospital bills, disability and wage losses, including any c
subrogation rights or liens for the payment of same by any third party, including any Medicare and
Medicaid liens Fr rights for reimbursement, which arose out of the incident sued upon in the
aforementioned .litigation have been paid in full or will be settled with the proceeds of this
settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second party
for any claims,demands, subrogation rights or liens that may be asserted against the second party
00
for the above mentioned expenses or losses of the first party.
It is understood and agreed to by the parties that this settlement is a compromise of a
doubtful and dis uted claim and the payment is not to be construed as an admission of liability on w
the part of the second party, by whom liability is expressly denied.
I have carefully read the Release of Claim and understand its terms, operation, and effect.
2
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IN WITNESS WHEREOF,I have hereunto set my hand and seal this 28th day c
of January 2021.
ns
os _
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i Q.3.b
DocuSign Envelope ID:145D4218-91864E4A-8CE5-98DE602B2FC1
Release of Claim
and Indemnification Agreement
Page 2
Signed,sealed and delivered in the presence of
Docuftredhy: _
006a7841E97E4Fe...
MONICA 1NUKAM WITNESS
STATE OF Florida )
)SS
COUNTY OF Broward )
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The foregoing instrument was acknowledged before me by means of O physical e
presence or rv'l online notarization, this 28th day of January 2021, by
Monica L. Ingram who is personally known to me, or who has produced
FL DL: 1526-552-69-947-0 as identification. y
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oNotr�vu lie, Sta of Florida at Large
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Printed Name: W14 �tU
LAVIEASHiLEYDWM
W COMAOSSM O GG 35M
(NOTARY SEAL) a*nr"�"Vr-
EXPIRES.My30 2023
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My commission expires:
This Instrument Prepared By:
E.BRUCE JOHNSON,ESQ.
Johnson,Anselmo,Murdoch.
Burke.Piper& Hochman. P.A.
2455East Sunrise Blvd.,Suite 1000
Fort Lauderdale,FL 33304
Telephone:(954)463-0100
Fla.Bar No.262137
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